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Fannie Moves to Curb 'Buy-and-Bail' Schemes

July 2nd, 2008 6:58 PM

Fannie Mae has tightened its underwriting guidelines to prevent homeowners who are preparing to default on their mortgage from purchasing a more affordable home with Fannie-guaranteed financing. To prevent these "buy-and-bail" schemes, Fannie is requiring the borrowers who are proposing to rent their home to show they have 30% equity in the property, a copy of the lease agreement, and a receipt for the security deposit. Usually buy-and-bail transactions involve borrowers with upside-down mortgages. If they don't have 30% equity, the borrowers must show that they have the resources to service both mortgages and reserves to cover six months of mortgage payments (including insurance and taxes) for both properties. These requirements go into effect Aug. 1. The June 25 seller guide announcement also requires lenders that sell loans seasoned six to 12 months to provide warranties that the original value of the property has not declined. Fannie also updated it policies on how long it takes borrowers involved in bankruptcies and foreclosures to quality for a new mortgage.

Posted by Jeff Duneske on July 2nd, 2008 6:58 PMPost a Comment (0)

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Homeowners can still take advantage of Principal Residence Exemption

July 21st, 2008 10:28 AM

As you know, PA 96 of 2008 created a new tax break for people who have moved to a new principal residence but have been unable to sell their previous principal residence. Under the new law, the owner is allowed to maintain a Principal Residence Exemption (PRE) on their former home for up to 3 years if the home is vacant and for sale. This new law expands the Principal Residence Exemption to unsold homes, essentially allowing for two exemptions where homebuyers have their original property on the market but are now living in their new home elsewhere in the state.

To claim this tax break, the owner must file a Conditional Rescission of Principal Residence Exemption Form #4640 with their local assessor. Unfortunately, the bill was not signed until April of this year and that left a narrow window for taxpayers to file before the May 1 deadline in order to claim this benefit for 2008.

However, an amendment was inserted into Public Act 198 of 2008, allowing any homeowner who missed the May 1st deadline for the 2008 tax year to now file an appeal with their community's July or December 2008 Board of Review. This is a tremendous victory and offers property tax relief for homeowners in Michigan.

Individuals should contact local assessors for meeting dates and additional information. Traditionally, the July board of review has met the Tuesday following the third Monday in July (July 22 this year). A change in the law (PA 122 of 2008) allows communities to schedule their board of review any time that week. While most communities will meet on July 22, taxpayers should contact their local government to be sure they know when the board of review meets in order to submit Form #4640 to the board of review for consideration.

The ability to appeal to the board of review is for 2008 only. Homeowners will need to apply to keep their PRE by December 31 of the previous year. Homeowners can already file the form for 2009 with their local unit of government. For additional information, please check out www.michigan.gov/treasury .

Posted by Jeff Duneske on July 21st, 2008 10:28 AMPost a Comment (0)

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